Interval between Vehicles

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-15-12 (interval between vehicles). Defendant claimed that he was not guilty of following too closely because the vehicle in front of him braked suddenly when he saw the trooper. The Court held that the trial judge determined the trooper’s testimony to be credible and that the elements of the violation were proven by clear and convincing evidence because the trooper testified that he first observed the two vehicles traveling seventy miles per hour a tenth to two tenths of a mile away and that the defendant’s vehicle was a car length to a car length and a half behind the front vehicle when they passed his location. The Court noted that it lacked the authority to determine the credibility of witnesses and must defer to the findings of the trial judge on issues of credibility. Accordingly, the Court sustained the violation. Sterling Freeman v. State of Rhode Island, A.A No. 13-147 (May 07, 2014).pdf

Interval between Vehicles

Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. 1956 § 31-15-8 (no passing zones) and R.I.G.L 1956 § 31-15-12 (interval between vehicle). Defendant claimed that the evidence on record was insufficient to support the interval between vehicles charge because the officer failed to specifically testify that his driving was “unreasonable.” The District Court held that there was sufficient evidence on record to support both convictions because the officer testified that he observed the defendant “attempting to pass . . . another vehicle in a no passing zone double yellow by the truck stop [then] swerved back in and was riding the vehicle in front of him too closely.” The Court held that it was not necessary for the officer to state specifically that the defendant’s driving was unreasonable because the trial judge was able to conclude based on the testimony that the defendant had driven unreasonably. Accordingly, the Court sustained the violation against the defendant. Town of West Greenwich v. John Kornlieff, A.A. No. 2010-0188 (January 11, 2011).pdf